A-Level Law - Judicial Precedent Practice Questions and Answers

Define judicial precedent principle of rules made on past decisions which other judges must follow in future similar cases What does stare decisis mean? to stand by what has been decided What is ratio decidendi? The reason for decision. It is the binding part of the judgement. R v Dudley and Stevens Two shipwrecked defendants killed and ate the cabin boy. They raised necessity as a defence. The court gave 3 reasons for refusing this defence: - if necessity is not available on a charge of theft due to starvation it should not be allowed on a charge of murder - the christian act of giving ones own life to save another - the impossibility of choosing between the value of one persons life and another What is meant by obiter dicta Other things said. Non-binding part of the judgement Hill v Baxter D fell asleep at the wheel and lost control of his car. His conviction was upheld however the judge said that had D lost control of the car because he had been stung by a swarm of bees he would not have been at fault What is original precedent? If the point of law in the case has never been decided on before, whatever the judge decided will become new precedent Hunter v Canary Wharf C claimed the right to a TV signal after a tower built by Canary Wharf had interfered with it. The court ruled that access to TV was not a legal right What is persuasive precedent? A precedent which a judge in not obliged to follow, but may be persuaded to follow Courts lower in the hierarchy R v R - HOL agreed with the COA that it should be illegal to rape your wife Decisions of the Judicial Committee of the Privy Council The Wagon Mound Case 1961 - trial judge held the damage was foreseeable but the privy council reversed this decision as the type of damage was not foreseeable